S T A T E O F N E W Y O R K
________________________________________________________________________
4478
2009-2010 Regular Sessions
I N S E N A T E
April 23, 2009
___________
Introduced by Sen. DILAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the railroad law and the state finance law, in relation
to trespass on railroad property and the establishment of the railroad
crossing safety fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 83, 83-a and 83-b of the railroad law, section
83-a as added by chapter 246 of the laws of 1977 and section 83-b as
amended by chapter 428 of the laws of 1998, are amended to read as
follows:
S 83. Riding on platform OR INSIDE CERTAIN RAIL CARS; [walking along
track] LIMITATIONS ON LIABILITY. 1. No railroad corporation shall be
liable for any injury to any passenger while on the platform of a
PASSENGER car, or [in any] WITHIN A baggage[, wood or freight] car[, in
violation of the printed regulations of the corporation, posted up at
the time in a conspicuous place inside of the passenger cars, then in
the train, if there shall be at the time sufficient room for the proper
accommodation of the passenger inside such passenger cars. No person
other than those connected with or employed upon the railroad shall walk
upon or along its track or tracks, except where the same shall be laid
across or along streets or highways, in which case he shall not walk
upon the track unless necessary to cross the same. Any person riding,
leading or driving any horse or other animal upon any railroad, or with-
in the fences and guards thereof, other than at a farm or street or
forest crossing, without the consent of the corporation, shall forfeit
to the people of the state the sum of ten dollars, and pay all damages
sustained thereby to the party aggrieved] OR LOCOMOTIVE, OR ANY AREA
WITHIN ANY CAR FROM WHICH THE PUBLIC IS EXPRESSLY PROHIBITED, PROVIDED
THAT CONSPICUOUS NOTICE HAS BEEN POSTED IN OR ON THE PASSENGER TRAIN
STATING THAT ENTRANCE ONTO SUCH PLATFORM, CAR OR AREA IS PROHIBITED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03655-01-9
S. 4478 2
2. NO RAILROAD CORPORATION SHALL BE LIABLE FOR ANY INJURY TO ANY
PERSON WHILE WITHIN OR ON THE EXTERIOR OF ANY FREIGHT CAR OR LOCOMOTIVE
WITHOUT THE EXPRESS AUTHORIZATION OF THE RAILROAD CORPORATION.
3. ANY SUCH LIMITATION OF LIABILITY PROVIDED IN THIS SECTION SHALL NOT
APPLY WITH REGARD TO ANY PERSON WHO IS AN EMPLOYEE OR CONTRACTOR OF THE
RAILROAD CORPORATION OR AUTHORIZED PUBLIC OFFICIAL, AND ANY SUCH PERSON
IS ACTING IN THE PERFORMANCE OF HIS OR HER DUTIES, NOR SHALL IT APPLY IN
THE CASE OF ANY PERSON, INCLUDING, BUT NOT LIMITED TO, FIRST RESPONDERS,
POLICE, FIRE OR EMERGENCY PERSONNEL, ACTING IN THE GOOD FAITH BELIEF
THAT HE OR SHE MUST ENTER UPON ANY AREA OF A FREIGHT OR PASSENGER TRAIN
FOR THE PURPOSES OF RESPONDING TO AN EMERGENCY SITUATION THAT ENDANGERS
THE PHYSICAL SAFETY OF ONE OR MORE PERSONS.
4. NO RAILROAD CORPORATION SHALL BE UNDER A DUTY TO KEEP ITS PREMISES
SAFE FOR CERTAIN USES AS SET FORTH IN SECTION 9-103 OF THE GENERAL OBLI-
GATIONS LAW.
5. NOTHING CONTAINED IN THIS SECTION SHALL RESTRICT OR IMPAIR ANY
OTHER LIMITATION OF LIABILITY PROVIDED BY LAW.
S 83-a. Operation of MOTOR VEHICLES, snowmobiles, AND OTHER RECRE-
ATIONAL VEHICLES on railroad property. Except in the case of a railroad
employee, CONTRACTOR OF THE RAILROAD CONTRACTOR OR PUBLIC OFFICIAL
acting in the performance of his [duty] OR HER DUTIES, no person shall
KNOWINGLY operate a MOTOR VEHICLE, snowmobile, OR OTHER RECREATIONAL
VEHICLE, INCLUDING ALL TERRAIN VEHICLES AND MOTORCYCLES, upon abandoned
railroad property which is posted to prohibit the operation of [snowmo-
biles] ANY SUCH VEHICLES thereupon, or upon or along the track or tracks
of an operating railroad or within the fences or guards thereof, except
across or along streets or highways or at farm or forest crossings where
[necessary] SUCH PERSON IS LEGALLY AUTHORIZED to cross [said] SUCH
tracks or property. [Any person violating the provisions of this section
shall be guilty of a violation punishable by a fine of one hundred
dollars for each separate offense.] A VIOLATION OF THE PROVISIONS OF
THIS SECTION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY A FINE OF NOT
LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS.
CONVICTION FOR A SECOND OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF
THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED
FIFTY NOR MORE THAN FIVE HUNDRED DOLLARS OR A PERIOD OF IMPRISONMENT NOT
TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE AND SUCH IMPRISONMENT.
S 83-b. Trespass upon railroad premises IN A CITY HAVING A POPULATION
OF ONE MILLION OR MORE INHABITANTS AND IN CERTAIN COUNTIES. [1.] Any
city with a population of one million or more and the counties of
Monroe, Nassau, and Suffolk are authorized and empowered to adopt or
amend a local law or ordinance designating any portion or portions of
property consisting of a right-of-way or yard of a railroad or rapid
transit railroad as a no-trespass railroad zone and providing for the
conspicuous posting thereof for purposes of establishing criminal
liability for trespass upon such property pursuant to subdivision (g) of
section 140.10 of the penal law.
[2. The provisions of sections eighty-three and eighty-three-a of this
article shall not be construed to prohibit or limit the prosecution of
any person for a violation of the provisions of subdivision (g) of
section 140.10 of the penal law.]
S 2. The railroad law is amended by adding three new sections 83-c,
83-d and 93-c to read as follows:
S 83-C. TRESPASS UPON RAILROAD PREMISES; DAMAGE TO RAILROAD PROPERTY.
1. NO PERSON OTHER THAN THOSE WITH PERMISSION FROM THE RAILROAD CORPO-
RATION OR EMPLOYED BY THE RAILROAD CORPORATION SHALL ENTER OR REMAIN ON
S. 4478 3
RAILROAD PROPERTY OR RIGHT-OF-WAY INCLUDING, BUT NOT LIMITED TO, WALKING
UPON OR ALONG ITS TRACK OR TRACKS, EXCEPT WHERE THE SAME SHALL BE LAID
ACROSS OR ALONG STREETS OR HIGHWAYS, IN WHICH CASE HE OR SHE SHALL NOT
WALK UPON THE TRACK UNLESS NECESSARY TO CROSS THE SAME AT AN ESTABLISHED
GRADE CROSSING. A VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION SHALL
CONSTITUTE A VIOLATION PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED
DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS. CONVICTION FOR A
SECOND OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION
SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS
NOR MORE THAN FIVE HUNDRED DOLLARS, A PERIOD OF IMPRISONMENT NOT TO
EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE AND SUCH IMPRISONMENT.
2. ANY PERSON RIDING, LEADING, OR DRIVING ANY HORSE OR OTHER ANIMAL
UPON ANY RAILROAD, OR WITHIN THE RIGHT-OF-WAY, FENCES, AND GUARDS THERE-
OF, OTHER THAN AT A LEGALLY ESTABLISHED FARM OR STREET OR FOREST CROSS-
ING, WITHOUT THE CONSENT OF THE CORPORATION, SHALL FORFEIT TO THE PEOPLE
OF THE STATE A SUM NOT TO EXCEED ONE HUNDRED DOLLARS AS A CIVIL PENALTY
PURSUANT TO SECTION 60.30 OF THE PENAL LAW.
3. (A) NO PERSON SHALL KNOWINGLY, RECKLESSLY OR MALICIOUSLY ENGAGE IN
ANY CONDUCT THAT RESULTS IN DAMAGE TO OR DEFACEMENT OF RAILROAD PROPER-
TY. SUCH CONDUCT SHALL INCLUDE, BUT IS NOT LIMITED TO, THROWING OBJECTS
AT RAILROAD FACILITIES, STRUCTURES OR ROLLING STOCK, PLACING OBJECTS ON
TRACKS, DEFACING PROPERTY AND DISARMING, OR IN ANY WAY INTERFERING WITH
SIGNALS OR SWITCHES. A VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION
SHALL BE A MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN FIVE
HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS, IMPRI-
SONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BOTH SUCH FINE AND SUCH
IMPRISONMENT.
(B) A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
WHICH DISRUPTS, DELAYS OR IN ANY WAY INTERFERES WITH RAILROAD OPERATIONS
SHALL BE A FELONY PUNISHABLE BY A FINE OF NOT LESS THAN ONE THOUSAND
DOLLARS NOR MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS, IMPRISONMENT
FOR A PERIOD AUTHORIZED BY THE PENAL LAW FOR A CLASS E FELONY, OR BOTH
SUCH FINE AND SUCH IMPRISONMENT.
(C) IF A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OR (B) OF THIS
SUBDIVISION RESULTS IN THE DEATH OF OR SERIOUS PHYSICAL INJURY, AS
DEFINED IN SECTION 10.00 OF THE PENAL LAW, TO ANY OTHER PERSON, SUCH
CONDUCT SHALL BE A FELONY PUNISHABLE BY A FINE OF NOT LESS THAN TWO
THOUSAND FIVE HUNDRED DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS,
IMPRISONMENT FOR A PERIOD AUTHORIZED BY THE PENAL LAW FOR A CLASS D
FELONY, OR BOTH SUCH FINE AND SUCH IMPRISONMENT.
4. FOR THE PURPOSES OF THIS SECTION, A PERSON IS DEEMED TO HAVE ACTED
KNOWINGLY AND ACTUAL NOTICE THAT A PERSON IS ILLEGALLY TRESPASSING ON
RAILROAD PROPERTY IS NOT NECESSARY IF THE SURROUNDING CIRCUMSTANCES,
SUCH AS CLOSE PROXIMITY TO RAILROAD TRACKS, BUILDINGS, EQUIPMENT OR
OTHER FACILITIES, WOULD ALERT REASONABLE PERSONS THAT HE OR SHE IS ON
RAILROAD PROPERTY OR EQUIPMENT. PERMISSION TO ENTER ON RAILROAD PROPERTY
OR EQUIPMENT NOT DESIGNATED FOR PUBLIC USE BY THE RAILROAD CORPORATION
SHALL NOT BE IMPLIED, BUT SHALL BE IN WRITING OR BY ANOTHER ACCEPTABLE
AFFIRMATIVE MANNER OF CONSENT, UNLESS OTHERWISE PROVIDED BY LAW.
5. THE PROVISIONS OF THIS SECTION AND SECTIONS EIGHTY-THREE,
EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
TO PROHIBIT OR LIMIT THE PROSECUTION OF ANY PERSON FOR ANY APPLICABLE
VIOLATION OF THE PROVISIONS OF ARTICLE ONE HUNDRED FORTY OF THE PENAL
LAW, NOR SHALL THE PROVISIONS OF THIS SECTION BE CONSTRUED TO PROHIBIT
OR LIMIT THE PROSECUTION OF ANY PERSON FOR ANY APPLICABLE PROVISION OF
THE PENAL LAW INCLUDING, BUT NOT LIMITED TO, ARTICLES ONE HUNDRED TWENTY
S. 4478 4
AND ONE HUNDRED TWENTY-FIVE OF SUCH LAW IF THE ACTIONS OF A PERSON
RESULT IN THE DEATH OF OR SERIOUS INJURY TO ANOTHER PERSON. PROVIDED,
FURTHER, THAT THE PROVISIONS OF THIS SECTION AND SECTIONS EIGHTY-THREE,
EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
TO LIMIT THE RIGHTS, REMEDIES AND DAMAGES RECOVERABLE BY ANY PLAINTIFF
OR CLAIMANT IN ANY CIVIL ACTION AS PROVIDED BY APPLICABLE LAW.
S 83-D. FINES AND FORFEITURES. NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF LAW, ALL FINES AND FORFEITURES COLLECTED PURSUANT TO THE
PROVISIONS OF SECTIONS EIGHTY-THREE-A AND EIGHTY-THREE-C OF THIS ARTI-
CLE, EXCEPT FOR ANY RESTITUTION OR REPARATION TO BE PAID TO AN AFFECTED
RAILROAD CORPORATION PURSUANT TO SECTION 60.27 OF THE PENAL LAW, SHALL
BE DEPOSITED TO THE CREDIT OF THE RAILROAD CROSSING SAFETY FUND AS
ESTABLISHED IN SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
S 93-C. OPERATION LIFESAVER PROGRAM. FOR THE PURPOSE OF PROVIDING
TRAINING AND EDUCATION EFFORTS TO IMPROVE SAFETY AT RAILROAD CROSSINGS
AND ALONG RAILROAD RIGHTS-OF-WAY LOCATED IN THE STATE, FUNDS OF THE
RAILROAD CROSSING SAFETY FUND ESTABLISHED PURSUANT TO SECTION
EIGHTY-NINE-H OF THE STATE FINANCE LAW MAY BE USED TO SUPPLEMENT BUT NOT
SUPPLANT FUNDING FROM ANY OTHER FEDERAL, STATE OR LOCAL SOURCE AVAILABLE
FOR SUCH PURPOSE. ALL EXPENDITURES FROM SAID FUND FOR SAID PURPOSE SHALL
BE DETERMINED BY THE COMMISSIONER, IN COOPERATION WITH THE STATE'S RAIL-
ROAD CORPORATIONS, AND SHALL BE SUBJECT TO THE OVERSIGHT OF THE COMMIS-
SIONER IN THE IMPLEMENTATION OF THE PROGRAM'S FUNCTIONS.
S 3. The state finance law is amended by adding a new section 89-h to
read as follows:
S 89-H. RAILROAD CROSSING SAFETY FUND. 1. THERE IS HEREBY CREATED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE A SPECIAL REVENUE FUND TO BE KNOWN AS THE "RAILROAD
CROSSING SAFETY FUND".
2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO
SECTIONS EIGHTY-THREE-A AND EIGHTY-THREE-C OF THE RAILROAD LAW, AND ALL
OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR
SOURCE PURSUANT TO LAW.
3. MONEYS IN THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE EXPENDED BY THE DEPARTMENT OF TRANSPORTATION IN COOPERATION
WITH THE STATE'S RAILROAD CORPORATIONS FOR THE PURPOSE OF PROVIDING
TRAINING AND EDUCATION EFFORTS DESIGNED TO IMPROVE SAFETY AT RAILROAD
GRADE CROSSINGS AND ALONG RAILROAD RIGHTS-OF-WAY LOCATED IN THE STATE
THROUGH THE OPERATION LIFESAVER PROGRAM ESTABLISHED BY SECTION
NINETY-THREE-C OF THE RAILROAD LAW.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
